(1) There is hereby constituted a corporation with the corporate name “Historic Houses Trust of New South Wales”.(2) The Trust has, and may exercise and perform, the powers, authorities, duties and functions conferred or imposed on it by or under this or any other Act.(3) In the exercise and performance of its powers, authorities, duties and functions the Trust is subject to the direction and control of the Minister.(4) The Trust is, for the purposes of any Act, a statutory body representing the Crown.
6 Trustees and procedure of Trust
(1) The Trust is to consist of 9 trustees appointed by the Governor on the nomination of the Minister. At least one trustee is to have knowledge or experience in history, and at least one trustee is to have knowledge or experience in architecture.(2) Schedule 1 has effect.
The principal objects of the Trust are as follows:(a) to control, manage, maintain and conserve historic buildings or places, having regard to the historic, social and architectural interest and significance of those buildings and places,(b) to collect, manage, maintain and conserve objects and materials associated with, and of significance to, those buildings and places,(c) to research and interpret the significance of those buildings, places, objects and materials, having regard to their historic, social and architectural interest and value,(d) to provide educational, cultural and professional services (including by way of research, publications, information, public programs and activities) in respect of those buildings, places, objects and materials that, in the opinion of the Trust, will:(i) increase public knowledge and enjoyment of, and access to, those buildings, places, objects and materials, and(ii) promote their place in the heritage of the State.
7A Acquisition of historic buildings or places
(1) The Minister may, if satisfied that a building, structure or site is suitable for control and management by the Trust, authorise in writing the acquisition (either as property of the Trust or otherwise) by the Trust of the building, structure or site along with any of its appurtenant grounds or works.(2) The Trust may, in accordance with the Minister’s authorisation, purchase, lease or otherwise acquire the building, structure or site and any such grounds or works.
(1) The Trust may:(a) maintain, or make arrangements for the maintenance of, historic buildings or places and other property of the Trust and, in pursuance of its objects, acquire (either as property of the Trust or otherwise) any property for temporary or permanent exhibition, for restoration or maintenance or for any other purpose approved by the Minister,(b) lend property for exhibition or for such other purposes as the Trust thinks fit,(c) subject to such conditions (whether relating to times or otherwise) as the Trust imposes, permit admission of the public to the whole or any part of a historic building or place,(d) promote and provide (whether for reward or otherwise) exhibitions, lectures, films, photographs, transparencies, publications and other educational services and material in pursuance of its principal objects,(e) subject to such conditions as the Trust imposes, permit the use of any part of a historic building or place for activities of an educational or cultural nature, for social functions, State occasions or charitable or other promotional activities of a nature approved by the Trust or for the holding of conferences or meetings,(f) permit the use of a historic building or place for the taking of photographs, the making of films or sound recordings and the production of television or radio programmes or material,(g) in, or in connection with, a historic building or place provide, or permit the provision of, food or other refreshments and apply for, hold or dispose of any licence, permit or other authority in connection therewith,(h) engage, and enter into contracts with, artists, entertainers, lecturers and performers to appear at a historic building or place and engage, and enter into contracts with, consultants and photographers, and pay them such fees and remuneration as may be agreed upon,(i) charge and receive fees or other amounts for, or in connection with, any service provided, article sold or permission given by the Trust in the exercise of its powers, and(j) enter into any contract or arrangement with any person for the purpose of promoting the objects of the Trust.(1A) In accordance with any general or special limitations imposed by the Minister, the Trust may:(a) acquire (either as property of the Trust or otherwise) buildings and land for the purpose of providing office accommodation for the Trust and any of its officers or employees or residential accommodation for the caretaker of any historic building or place or for any other purpose reasonably necessary or incidental to the exercise or performance by the Trust of its powers, authorities, duties and functions,(b) carry out works, or make arrangements for the carrying out of works, for the restoration of a historic building or place,(c) undertake such investigation as may be necessary to ascertain the extent to which a building, structure or site may be suitable for control and management by the Trust.(d) (Repealed)(2) Subject to this Act and the regulations made thereunder, the Trust has the control and management of its property.(3) The Trust may agree to any condition (not inconsistent with its objects) being imposed on its acquisition of any property.(4) Where, by gift inter vivos, devise or bequest, the Trust acquires property, it may retain the property in the form in which it is acquired, subject to any condition to which the Trust has agreed under subsection (3) in relation to the property.(5) The rule of law against remoteness of vesting does not apply to a condition to which the Trust has agreed under subsection (3).(6) The Duties Act 1997 does not apply to or in respect of any gift inter vivos, devise or bequest made or to be made to the Trust.(7) The Trust has, and may exercise and perform, such powers, authorities, duties and functions in addition to those specified in this section as are not inconsistent with this Act and the regulations and are reasonably necessary for the attainment of its objects.(8) However, the Trust cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Trust to exercise its functions.
(1) The Trust may establish such committees as it thinks fit for the purpose of assisting it to exercise and perform its powers, authorities, duties and functions.(2) A person may be appointed to a committee whether or not the person is a trustee.
10 Alterations to historic buildings or places
(1) The Trust may carry out or authorise the carrying out of alterations and improvements to a historic building or place.(2) Such alterations and improvements may be carried out or authorised to be carried out only in accordance with a conservation plan (as in force from time to time) applying to the historic building or place.(3) The Trust may prepare a conservation plan applying to any one or more historic buildings or places.(4) A conservation plan has no effect unless it is approved by the Minister.
(1) In this section condition means a condition to which the Trust has agreed under section 8 (3).(2) Subject to subsection (3), the Trust shall not sell, mortgage, demise for a term exceeding 6 months or otherwise dispose of, any real property, or any other property acquired by gift inter vivos, devise or bequest except:(a) where the property (being real property) was acquired without being subject to a condition—with the approval of the Governor (which may be given in respect of any case or class of cases), or(a1) where the property (not being real property) was acquired without being subject to a condition—with the approval of the Minister (which may be given in respect of any case or class of cases), or(b) where the property was acquired subject to a condition—in accordance with the condition or section 12.(3) Subject to section 8 (4), and except to the extent that it would be in breach of a condition, the Trust shall invest any of its funds not immediately required for the purposes of the Trust in any manner authorised by law for the investment of trust funds.
12 Disposal of certain property
(1) Subject to subsection (2), where the Trust resolves that any property that has been acquired by it subject to a condition to which it has agreed under section 8 (3) is not required for the purposes of the Trust, the Trust may:(a) sell the property and retain the proceeds of the sale as property of the Trust,(b) exchange the property for other property,(c) give the property to an institution that is an educational institution for the purposes of the Educational Institutions (Stamp Duties Exemption) Act 1961, or(d) if the Trust is of the opinion that the property is of no commercial value—dispose of the property otherwise than for valuable consideration,notwithstanding the condition subject to which the property was acquired.(2) The Trust may not sell, exchange, give or dispose of property under subsection (1) except with the consent of the Governor and in accordance with any condition imposed by the Governor when giving his or her consent.